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Does a Texas divorce require a 50/50 split of your marital assets?

On Behalf of | Dec 2, 2022 | Divorce |

Every divorce is different from the next. Personal matters and the location where the divorce occurs will have a profound impact on the eventual outcome. Laws related to child custody, alimony and property division are different in every state, which means that the jurisdiction where you file will have a major influence on the outcome if you litigate.

Texas is one of the few remaining states in the country that has a community property statute for divorce proceedings. Many people worry about the implications of community property laws during a divorce. The average individual doesn’t understand much about the law and will oversimplify things.

Does the community property statute on the books in Texas mandate a 50/50 division of your marital property?

Property division decisions are at the discretion of a judge

Although Texas has a community property statute, the law is actually quite similar to the equitable distribution rules applied in many other states. While a 50/50 division of your assets is possible and is often the starting point in the process, a judge looks at factors from your marriage to determine if that would truly be the most appropriate solution.

Occasionally, judges choose to deviate from the 50/50 standard for property division and will instead make more nuanced decisions about the division of marital property and also marital debts. They can divide assets unevenly or order the sale of major assets.

Couples don’t have to litigate property division

The idea of letting a judge make all of the choices related to your financial future is a frightening one.  Most adults would prefer to have more inputs during the process of property division. You actually don’t have to rely on a judge to divide your assets.

Either through negotiations between your lawyers or mediation, you and your spouse can settle your property division concerns before you go to court . You can then file for an uncontested divorce and present the courts with a proposed property settlement. Especially for those in high-asset marriages with complex personal holdings, retaining control over the division of property maybe a better approach than relying on a judge to make all of your major decisions.

Learning more about Texas property division laws can help those preparing for family court proceedings with complex personal property.